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MATTER OF HULSE v. MILLSPAUGH

33 N.Y.2d 725 (1973)

In the Matter of Linda L. Hulse et al., Appellants, v. Mildred Millspaugh et al., Constituting the Board of Elections of Sullivan County, Respondents. In the Matter of George Neuhaus et al., Appellants, v. Mildred Millspaugh et al., Constituting the Board of Elections of Sullivan County, Respondents. In the Matter of William M. Bills, Appellant, v. Mildred Millspaugh et al., Constituting the Board of Elections of Sullivan County, Respondents.

Court of Appeals of the State of New York.

Decided October 23, 1973.

Attorney(s) appearing for the Case

Morton I. Baum for appellants.

Abraham Kleinman, County Attorney (Michael Keiser of counsel), for respondents.

Concur: Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES, WACHTLER and SHAPIRO.

In each proceeding: Order reversed, without costs, and the Board of Elections directed to accept the affidavit and acknowledgment submitted by petitioner(s). The proceeding to correct the nomination certificate nunc pro tunc and compel the Board of Elections to accept same for filing was timely commenced pursuant to subdivision 2 of section 330 of the Election Law. The petitioner(s) should have been allowed to correct the defect in the certificate of nomination by...

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